The Directorate General for Legal Certainty and Public Trust has recently expressed its opinion in its decision dated 11 March 2024 on the situations that give rise to a substantial modification of the company’s objects and confer a right of withdrawal on the shareholders. Modification of the Articles of Association In the case in question, […]
Blog
Economic Criminal and Criminal Compliance
Can unlawful evidence obtained abroad be used in Spanish proceedings?
09
Oct
Oct
We analyse the extent to which the fundamental rights recognised in our Constitution are binding with respect to evidence obtained abroad. Global interconnection is a reality that is transcending from the merely economic to the justice sector and, in this article, we turn our attention from this expansion to a specific challenge posed by evidence […]
01
Oct
Oct
Ayuela Jiménez has been awarded the prestigious “Team of the Year Arbitration ’ award at Iberian Lawyer’s XII FortyUnder40 Awards, consolidating our position as one of the most technical and specialised arbitration teams in the Iberian legal landscape. This recognition highlights the firm’s ability to address and resolve complex disputes, thanks to its strategic approach […]
25
Sep
Sep
Last week took place the I International Congress ‘New Legal Challenges in Defence and Security’, an event that brought together leaders and experts from various areas to address some of the most urgent and relevant challenges in these fields. The active participation of Ayuela Jiménez in the organisation and coordination of this congress reaffirms its […]
Economic Criminal and Criminal Compliance, General
Can proceedings filed abroad have the effect of res judicata in Spain?
25
Sep
Sep
The so-called exception of res judicata, specifically contemplated in criminal proceedings as one of the articles of pre-judgment (art. 666.2 LECrim), is a direct consequence of the ne bis in idem principle, configured as a fundamental right contemplated in article 25.1 CE. The prohibition of incurring in this principle includes, in its procedural aspect, the […]
12
Sep
Sep
Proposed Reduction of Working Time by the Spanish Government One of the latest initiatives of the Spanish government is the reduction of working hours. This plan envisages a first phase in which the working week would be reduced to 38.5 hours, with a final target of 37.5 hours per week. The proposal has the backing […]
11
Jul
Jul
We are pleased to share with you the success of the conference “For a Culture of Arbitration at the COIIM” which took place on 20 June 2023 at the headquarters of the Official College of Industrial Engineers of Madrid (COIIM). Our arbitration expert, Javier Martínez, gave an enlightening presentation on the use of arbitration as […]
10
Jul
Jul
Article 111 of the Companies Register Regulations provides that the certification of the resolution appointing the holder of an office with certifying power, when issued by the appointee, shall only be effective if it is accompanied by reliable notification of the appointment to the previous holder, with registered office, at the latter’s address according to […]
10
Jul
Jul
The Chamber has concluded that there has been a violation of public policy in its procedural aspect, as the additional evidence was not extemporaneous and should have been admitted in order to preserve the equality of arms between the parties. Arbitration Proceedings and Additional Evidence In the arbitration proceedings, the respondent-respondent proposed additional evidence after […]
10
Jul
Jul
Prevalence of the Autonomous Community Collective Bargaining Agreement: Keys to Royal Decree-Law 2/2024 Article 1 of Royal Decree-Law 2/2024 of 21 May amends Article 84.3 of the Workers’ Statute, allowing trade unions and employers’ associations in an autonomous community to negotiate collective agreements and interprofessional agreements with priority over any sectoral agreement or state agreement. […]